Mr S Payne v Escape Kent Limited — 2023

The case was heard by CVP at London South Employment Tribunal on 1 September 2023 before Employment Judge Downs. The claimant, Mr S Payne, appeared in person. The tribunal heard oral evidence from Mr Payne and Mr Summers for the respondent, submissions from Mr Payne and Mr Knell for the respondent, read the parties' documents and originating application, and listened to a recording of a conversation between Mr Payne and Mr Summers.

The tribunal dismissed the claim for automatic unfair dismissal. It also found well founded the claim that the respondent had refused to permit Mr Payne to exercise his right to a rest break on 20 October 2022. In addition, the respondent conceded that it was likely to owe Mr Payne some money by way of unlawful deduction of wages and said it had instructed its remuneration function to prepare payment.

The tribunal recorded that the respondent was content to pay £120 on a pragmatic basis as that appeared to cover the entirety of the sum owed. The judgment therefore ordered the respondent to pay Mr Payne £120 for unlawful deduction of wages and declared that the rest-break claim was well founded. No separate monetary award was stated for the rest-break claim.